TBA Law Blog


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Posted by: Katharine Heriges on Jul 20, 2018
In a unanimous opinion issued today, the Tennessee Supreme Court affirmed the convictions of Lindsey Lowe for first-degree murder and aggravated child abuse, stemming from the deaths of her newborn twins caused by her smothering the infants shortly after birth. Prior to trial, Lowe moved to suppress evidence obtained under a search warrant, but the trial court denied the motion to suppress, relying on the Exclusionary Rule Reform Act (ERRA). The Court of Criminal Appeals affirmed the judgments of the trial court, but in its ruling, the Supreme Court found that ERRA violates the separation of powers clause of the Tennessee Constitution, encroaching on the judiciary’s authority by legislatively mandating an exception to the exclusionary rule. However, the Court then adopted a good-faith exception to the exclusionary rule set forth in Tennessee Rule of Criminal Procedure 41 and upheld the trial court’s admission of the evidence seized under the search warrant.
Posted by: Katharine Heriges on Jul 20, 2018

The Tennessee Supreme Court reversed a trial court’s decision to exclude certain evidence obtained from a blood sample drawn from the defendant, Angela Faye Daniel. In this case, Daniel was arrested for driving under the influence, and she was transported to a medical facility for a blood draw. Although the arresting officer obtained a search warrant for the blood draw, the officer failed to leave a copy of the warrant with Daniel. The trial court suppressed the evidence obtained from the blood draw on this basis. On interlocutory appeal by the state, the Court of Criminal Appeals affirmed the trial court’s suppression of the evidence, as so the state appealed to the Tennessee Supreme Court. In its unanimous opinion authored by Chief Justice Jeff Bivins, the court held that a good-faith exception to the exclusionary rule applied in this case, given that any failure of the arresting officer to provide Daniel with a copy of the warrant was due to an inadvertent oversight and that the technical noncompliance did not prejudice her.

Posted by: Katharine Heriges on Jul 19, 2018

In an appeal from Shelby County Criminal Court, the Tennessee Supreme Court affirmed a trial court’s dismissal of a prisoner’s request for a new trial more than 20 years after his original conviction for aggravated rape. In 2016, prisoner Tommy Nunley filed a coram nobis petition, claiming there was new information to prove he was not guilty of the rape he was convicted of in 1998. The Supreme Court held that trial courts may summarily dismiss coram nobis petitions that do not show sufficient facts on their face, without discovery or an evidentiary hearing. Justice Holly Kirby authored the unanimous opinion.

Posted by: Katharine Heriges on Jun 29, 2018
The Tennessee Supreme Court has amended Rule 13, sections 2 and 3 of the rules, regarding the appointment, qualifications and compensation of counsel for indigent defendants. The change becomes effective July 1. The court had solicited comment on the proposal on May 25, and received numerous comments from individual members of the bar across the state, as well as the Tennessee Bar Association, the Knoxville Bar Association, the Marshall County Bar Association and the Tennessee Association of Criminal Defense Lawyers.
Posted by: Katharine Heriges on Jun 26, 2018
The Tennessee Supreme Court has overturned the decision of a chancery court, which held that an attorney’s license to practice law should be reinstated. Drayton Beecher Smith II agreed to disbarment in conjunction with his 2007 guilty plea to federal charges of receipt and possession of child pornography. In 2014, he sought reinstatement of his license to practice law in Tennessee before a hearing panel of the Board of Professional Responsibility (BPR), which ultimately denied the petition. He then appealed the denial of reinstatement to the chancery court. The chancery court reversed the decision and ordered that Smith be reinstated to the practice of law. The BPR filed an appeal with the Tennessee Supreme Court. In a unanimous decision, the court overturned the Chancery Court decision, concluding that the hearing panel was within its authority to deny reinstatement of Smith’s law license.
Posted by: Katharine Heriges on Jun 22, 2018
On June 13, 2017, the Tennessee Bar Association filed a petition seeking to amend the Rules of the Tennessee Supreme Court to add a new rule which would address the practice of "Collaborative Family Law." On August 27, 2017, the court solicited written public comments and it received written public comments from the Board of Professional Responsibility, the Nashville Bar Association, the Knoxville Bar Association, the Middle Tennessee Collaborative Alliance, individual attorneys, and individual non-attorneys. The TBA responded to those comments, and now the court directs the Alternative Dispute Resolution Commission to formally comment on this proposed new rule. The comments shall be submitted on or before Monday, August 6, and may be e-mailed to appellatecourtclerk@tncourts.gov or mailed to James M. Hivner, Clerk, Re: Collaborative Family Law Tennessee Appellate Courts 100 Supreme Court Building 401 7th Avenue North Nashville, TN 37219-1407.
Posted by: Katharine Heriges on Jun 22, 2018
The Tennessee Supreme Court concluded the state’s waiver of sovereign immunity for claims brought against it under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), a federal law intended to provide job security for veterans, does not apply to cases that arose before July 1, 2014, when the waiver became effective. Read the unanimous opinion in David R. Smith v. The Tennessee National Guard, authored by Justice Cornelia A. Clark, at the TNCourts.gov website.
Posted by: Katharine Heriges on Jun 19, 2018
After review of public comments, the Tennessee Supreme Court has amended Revised Rule 46, which will be effective July 9. The rule refines certain aspects of the implementation of the e-filing system. Read the order as well as the changes to the rules here.
Posted by: Suzanne Craig Robertson on Jun 15, 2018

In a unanimous opinion, the Tennessee Supreme Court has ruled that when a party to a divorce case violates a statutory injunction and then dies while the case is pending, a trial court may, after considering the equities of the parties, remedy the violation of the injunction. Read Rose Coleman v. Bryan Olson.

Posted by: Katharine Heriges on Jun 12, 2018
The court has adopted an amendment to Tennessee Supreme Court Rule 10, Canon 2, Rule of Judicial Conduct 2.9, Comment 4, and it takes effect immediately. On April 30, the court entered an order soliciting public comments on a proposed amendment to Tennessee Supreme Court Rule 10, Canon 2, Rule of Judicial Conduct 2.9, Comment 4. The court received written comments during the comment period from the Tennessee Bar Association, the Knoxville Bar Association and Harold W. Duke III. The TBA and the KBA supported the amendment. Read the order and the amendment here.

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